Terms of Use
These Terms of Use shall be applicable and binding upon any person requesting access to the Swiss Life Asset Managers Investment Solutions Client Portal (the “Client Portal”) and/or accessing the Client Portal or using any related services or applications (the “User”). By requesting access to the Client Portal, the User is consenting to be bound by these Terms of Use. These Terms of Use shall govern any person accessing or using the Client Portal or using any related services or applications.
In the interests of readability, no simultaneous use is made of the language forms masculine, feminine and other. The designation of persons applies equally to all genders.
As the information on the Client Portal and these Terms of Use are subject to change from time to time, the User should consult them regularly. Swiss Life Asset Managers does not proactively inform the User of any changes to these Terms of Use. In the event that the User is accessing or using the Client Portal or any related services or applications on behalf of an entity, the User hereby agrees and accepts that he is authorised to act on behalf of such entity and that his actions shall be binding upon such entity.
Any communication via the Client Portal is carried out via an encrypted, secure and authenticated internet connection.
Please note that all your movements on this Client Portal may be recorded and analysed for security, marketing and system monitoring purposes, among others.
Registration
Upon each first access and use of the Client Portal, the User is required to register himself on the website. While requesting access to the Client Portal, each User shall identify himself with all the required identification elements, i.e. by entering the following login credentials:
- The User’s name and family name
- The User’s e-mail address
The User must provide only accurate, complete, true and up-to-date information while registering himself on the website for the Client Portal.
The security features are assigned individually and are non-transferable. Disclosure to unauthorised third parties is prohibited. The User is liable for the security and confidentiality of the security features. Should a user discover that his individual security features have been obtained by a third party without authorisation or are used by a third party without authorisation, he must notify Swiss Life Asset Managers of this immediately by e-mail to the following address: sh-slamch-informationsecurity@swisslife-am.com
Swiss Life Asset Managers considers each person identified via the individually assigned security features as a legitimate User of all the information and services offered on the Client Portal.
The User shall be fully liable for any and all acts and/or omissions taken by way of his user account. Swiss Life Asset Managers accepts no liability for damages resulting from unauthorised use or use exceeding the allocated authorisation of the security features or the Client Portal.
The User hereby grants in favour of Swiss Life Asset Managers a right to monitor user accounts to check for compliance with these Terms of Use as well as with all applicable laws and regulations. However, nothing contained herein shall be construed as placing any obligation on Swiss Life Asset Managers to monitor any user accounts.
Swiss Life Asset Managers shall keep the right at any time and without stating reasons, to refuse or block access to such person until the latter will provide proof of authorisation by any means.
Access to the Client Portal is subject to the overall availability of Swiss Life Asset Manager’s IT infrastructure, which may be subject to down-time on a one-off or regular basis notably for maintenance, upgrade, repair, force majeure events or other purposes. Swiss Life Asset Managers also reserves the right to suspend access to the Client Portal temporarily or permanently, without being required to justify its decision.
Access & content
The access to the Client Portal allows the User to use the Client Portal and any related services or applications hosted on the Client Portal. However, the Client Portal and any related services or applications are intended for use only in compliance with all applicable laws and regulations and in accordance with these Terms of Use. The information and services offered and described on the Client Portal are not intended for distribution to or use by any person or entity in any country or jurisdiction where such distribution or use would not be compliant with applicable laws or regulations or would subject the investment vehicles featured on this website to any registration requirements within such country or jurisdiction. Persons or entities in respect of whom such prohibitions apply must not access or use this Client Portal.
This Client Portal is reserved exclusively for non-US persons and may not be accessed by any citizens or residents of the United States. In particular, units of the applicable investment vehicles may not be offered for purchase or sold either in the United States or to or for the account of US citizens or US persons domiciled in the United States. To the extent that contents or documents are made available in a language that is not that of your country of domicile, this does not mean that sales authorisation has been granted or requested for countries with the corresponding national language.
The access to the Client Portal and its use are offered for the User’s own use and he may not provide any of the information contained or services rendered by Swiss Life Asset Managers or any of its business partners/service providers (e.g. distribution partner or transfer agent) to any third party nor allow any third party to use the same for personal gain or otherwise unless with the prior express written consent from Swiss Life Asset Managers and, as the case may be, the respective business partner or service provider (e.g. distribution partner or transfer agent).
All the information, material and other content presented on the Client Portal, including but not limited to any intellectual property or any software, shall be those belonging solely to Swiss Life Asset Managers or those which have been duly obtained by Swiss Life Asset Managers, by way of license, agreement or otherwise, from business partners, service providers or other third parties. The User is hereby expressly restricted from using any of the above-mentioned information material or other content unless with Swiss Life Asset Manager’s or the respective business partner’s or service provider’s express prior consent in writing.
The Client Portal is accessible only by Users who are either existing investors or have duly fulfilled the authentication procedure, through the creation of a Client Portal user account, as described in the previous section and have been granted access authorisation prior to the User’s first access.
The User hereby agrees and accepts that he is accessing and using the Client Portal and related services or applications at his own risks and costs.
The User is requested to provide true, up-to-date and accurate information wherever required and to change and/or update this information immediately when no longer true, up-to-date or accurate.
Swiss Life Asset Managers reserves the right, at any time without prior notification, to deny access to the Client Portal and/or any related services or applications to one or more Users without justification.
Please note that:
- until further notice, the Client Portal cannot be used to subscribe to an investment fund and/or to carry out any transactions. The respective subscription forms should be duly completed and returned to Swiss Life Asset Managers or, as the case may be, the respective distribution partner for execution.
- for all our investment funds domiciled in Luxembourg, all transaction-related documents possibly presented on the Client Portal (e.g. cap call notices, distribution notices, redemption notices, capital account statements) are issued and provided by the respective mandated transfer agents.
The right of access to the Client Portal is determined and may vary on the basis of the place of domicile/access of the User, the User’s investor type and the status of the User etc. Swiss Life Asset Managers reserves the right to grant or withhold the requested access to the Client Portal at any time.
Due to the constraints of the accounting and/or IT processes, the Client Portal is used subject to the limitation that transactions that have not yet been booked will not be visible.
The Client Portal facility and these Terms of Use may be amended at any time without notice from Swiss Life Asset Managers.
No offer & no investment advice
The information contained on the Client Portal does not constitute a solicitation, recommendation, offer to buy or sell a financial instrument or investment advice by Swiss Life Asset Managers. Investors are expressly advised that the information provided is intended merely to provide inspiration for their own investment considerations.
Furthermore, by offering information, products or services via this website, no solicitation is made to any person to use such information, products or services in jurisdictions where the provision of such information, products or services is prohibited by law or regulation.
Products and services mentioned or described on this website may not be available to or suitable for you. The information provided here cannot replace advice from an investment advisor, tax advisor or asset manager based on the individual circumstances of the User.
No decision-making basis
Investing in investment funds involves a risk of capital loss. Any investment in investment funds presented on the Client Portal should only be made after consulting the fund’s legal and regulatory documentation (prospectus or information memorandum, articles of association and PRIIPs KIDs of the respective investment fund etc., as applicable) and the annual and semi-annual reports, if available. These documents can be obtained either from this Client Portal or directly from the respective Swiss Life Asset Managers legal entity as indicated for the respective investment fund documentation. The decision to invest in an investment fund should take into account all the characteristics or objectives of the respective investment fund as described in its prospectus, annual reports, articles of incorporation and PRIIPs KIDs.
All information contained on this Client Portal has been prepared by Swiss Life Asset Managers on the basis of publicly available information, internally developed data and other sources believed to be reliable. However, the information contained on the website is not contractually binding and cannot be used as the sole basis for making an investment decision. It is for general information purposes only and should not be considered a general or individualised recommendation or general or personalised investment, tax or legal advice. Reasonable care has been taken to ensure that the data and information used and contained on the Client Portal are accurate and that the opinions stated are fair and reasonable. All opinions and estimates constitute our judgement as of the date of publication and do not constitute general or specific investment advice. All figures and data are unaudited unless otherwise stated. All information on the Client Portal is subject to change without notice.
The Client Portal does not aim to market any services or products other than the respective Swiss Life Asset Managers product. Any reference to any other service or product is for illustrative purposes only.
When purchasing or subscribing an investment on the basis of an analysis of the past performance, you have to take into consideration that past performance offers no guarantee for the future. Both the value of an investment and its return can rise and fall, and investors may not recoup their invested capital. They should be aware of the fact that exchange rate fluctuations can exert an influence on investments in foreign currencies.
Any performance data presented on this Client Portal represents past performance. Past performance is no indication of current or future performance. The performance data do not include commissions and costs incurred when issuing and/or redeeming investment fund units.
Please note that Swiss Life Group companies and their employees may have interests or positions in relevant securities or may have a business relationship with the issuers.
ESG
Information which includes any historical information, data or analysis concerning the future development of ESG aspects should not be taken as an indication or guarantee of any future developments, analyses, forecasts or predictions. Past information about ESG aspects is not a guarantee for future results or the future development of any ESG aspects. In no way does this constitute a guarantee of further positive development of ESG aspects.
Restrictions on use
The User undertakes not to misuse the Client Portal or its associated applications, services and functionalities.
The User is hereby specifically restricted from performing or engaging in any of the following:
- The User shall not use the Client Portal and any associated applications, services or functionalities in any manner not compliant with the provisions contained herein or contrary to any applicable law or regulation.
- The User shall refrain from intentionally disrupting the Client Portal and shall not disrupt, alter or damage internet access or other networks. This includes not sending any unauthorised advertisements or other unwanted messages (spam), viruses or other malware.
- The User shall not either remove or alter or otherwise attempt to remove or alter any of the features, information, content or functionality of the Client Portal.
- The User shall not either remove, alter, obscure or attempt to remove, alter or obscure any of the trademarks, logos, icons, graphics or other representative marks of Swiss Life, Swiss Life Asset Managers or any of its business partners, service providers or third parties.
- The User undertakes to observe third-party rights when using the Client Portal (e.g. copyright or trademark rights) and shall not infringe any legal provisions or transfer any illegal or unethical content or refer to such content.
- The User shall not restrict or attempt to restrict any other Users’ access to the Client Portal and the related services and applications.
Any disruption or other damage to the Client Portal, whether intentional or due to gross negligence, through the improper use of workstations or software is prohibited.
Swiss Life Asset Managers reserves the right to block individual access to the Client Portal if the User uses it in an unlawful or contractually prohibited way, if the User’s workstation jeopardises the smooth operation of the Client Portal or if blocking serves to protect the User’s data.
User content
The user hereby agrees to refrain from posting on the Client Portal any content:
- that is unlawful, inciting, hurtful, libelous, discriminatory, harmful, harassing, threatening, fraudulent, misleading, obscene, vulgar, inappropriate or pornographic;
- that contains any viruses, trojans, logic bombs, keystroke loggers, malware or any other disruptive, malicious or destructive code, programme or file;
- that is owned by a third party over which the User has not obtained the necessary rights, title and consents;
- that is infringing upon or violating the intellectual or proprietary rights of any member of the Swiss Life Group or any third party; or
- that results in the unauthorised disclosure or makes public any personal, confidential or otherwise sensitive information of any member of the Swiss Life Group or any third party.
In the same terms as above, the User shall refrain from posting on the Client Portal any such information, content or material that Swiss Life Asset Managers may, from time to time, restrict him from posting.
The User may post, publish or transmit user content only in such places specifically designated for this on the Client Portal.
By agreeing to these Terms of Use, the User hereby agrees to the monitoring of any and all user content by Swiss Life Asset Managers. However, this shall not place any obligation on Swiss Life Asset Managers to regularly monitor any user content. Swiss Life Asset Managers shall not, in any way, be liable for any loss or damage arising in relation to any user content except to the extent that a court of a competent jurisdiction has determined in a decision, not subject to further appeal, that Swiss Life Asset Managers was grossly negligent, acting fraudulently or has committed an intentional tort.
Swiss Life Asset Managers shall not have any obligation of confidentiality over any information, content or material that the User may post, publish or distribute in any public area of the Client Portal.
Swiss Life Asset Managers reserves the right to remove, at its own discretion, any and all content posted, published, uploaded, transmitted or distributed anywhere on the Client Portal for any reason whatsoever.
User content shall be stored on the Client Portal’s applications/servers only for the duration of the use by the User of the Client Portal and/or the respective services. On the expiry or termination of the client relationship between Swiss Life Asset Managers and the User, Swiss Life Asset Managers may remove any and all associated User content. Users are requested to make adequate backups for any User content and Swiss Life Asset Managers shall not be responsible for any loss or destruction of the same.
The User shall refrain from posting or publishing anywhere on the Client Portal any ideas or suggestion with regard to the Client Portal or with regard to the services related. Though Swiss Life Asset Managers greatly appreciates all feedback, ideas and suggestions received from the Users, the present mechanism is place so as to avoid any potential misunderstandings with regard to the ownership of such ideas and suggestions. In case a User continues to post ideas and suggestions anywhere on the Client Portal, such User shall be granting in favour of Swiss Life a worldwide, irrevocable, royalty-free right to use, incorporate, adapt, modify, publicly perform, disseminate, copy, distribute, transmit, sell or offer for sale such ideas and suggestions.
No warranty & exclusion of liability
The content of the Client Portal has a purely informative character. Swiss Life Asset Managers and its business partners/service providers take great care to ensure that the information contained on its Client Portal is correct and up to date. However, Swiss Life Asset Managers and its business partners/service providers neither explicitly nor implicitly guarantee that the data, information, documents and references provided by Swiss Life Asset Managers or third parties and accessible via the Client Portal are at all times correct, complete, up-to-date, accurate, reliable, appropriate and available. Swiss Life Asset Managers reserves the right to change or remove data, information, documents or references on the Client Portal at its own discretion and any time without prior notice. Data, information and documents accessible on the Client Portal do not constitute evidence against Swiss Life Asset Managers and do not under any circumstances commit Swiss Life Asset Managers, particularly in case of error, inaccuracy or omission in data, information or documents made available by the Client Portal.
The data and information are provided by Swiss Life Asset Managers and its business partners/service providers on an “as is” and “as available” basis. The information and documents contained on this Client Portal have been prepared in part on the basis of information provided by external information providers. Although Swiss Life Asset Managers’ information providers, including without limitation MSCI ESG Research LLC as well as MSCI Real Estate and its respective affiliates (the “MSCI Parties”), obtain information from sources they consider reliable, none of the MSCI Parties warrants or guarantees the originality, authenticity, accuracy and/or completeness of any data contained therein and expressly disclaims any express or implied warranties of any kind, including warranties of merchantability, fungibility or fitness for a particular purpose. The information may only be used for internal use, may not be reproduced or redisseminated in any form and may not be used as a basis for or a component of any financial instruments, products or indices. Further, none of the information can in and of itself be used to determine which securities to buy or sell or when to buy or sell them. None of the MSCI Parties shall have any liability for any errors or omissions in connection with any data contained herein or any liability for any direct, indirect, special, punitive, consequential or any other damages (including lost profits), even if notified of the possibility of such damages.
The use of the internet or this Client Portal and any applications, links, hyperlinks and web addresses is entirely at the User’s own risk. This also applies to e-mails (electronic mail) and links that connect the User to Swiss Life Asset Managers. The User is advised to take some extra precautions to increase security (firewall, virus protection, security patches etc.) and to activate the security settings on the hardware and software they use as recommended by the manufacturer. The use of the Client Portal and the storage of data and documents on the User’s work stations take place at the latter’s own responsibility. Swiss Life Asset Managers and its business partners/service providers assume no liability whatsoever for direct or indirect loss or damage incurred by Users of its Client Portal or by third parties as a result of contacts or transactions made via the internet. In particular, they shall not be held liable for the accuracy, timeliness, quality, suitability or completeness of the data, information and content shown or transmitted via the internet.
Swiss Life Asset Managers takes the security and uninterrupted operation of the Client Portal seriously. Despite the best efforts of Swiss Life Asset Managers and/or the service providers it commissions, the security, technically smooth and uninterrupted availability, topicality and confidentiality of the data displayed and/or transferred via the Client Portal cannot be guaranteed due to the open nature of the internet, nor can it guarantee that use of the Client Portal will not lead to technical problems elsewhere. Owing to amendments to laws, decrees and regulations and the risks of electronic communication, Swiss Life Asset Managers offers no assurance or guarantee that the Client Portal will operate consistently without interruption or error or be free from malware. The User agrees to use Client Portal or any connected application or website and their contents at his own risk. “Use” is also understood to include access to the above-mentioned websites and their contents.
Neither Swiss Life Asset Managers nor any other party involved in the design, production or provision of this Client Portal or any connected website shall be liable for any loss or damage resulting from its use or from any erroneous content, irrespective of whether such loss or damage is direct or indirect, causally or non-causally related, contractual or non-contractual, or resulting from a civil or criminal law offence. This exclusion of liability also refers to indirect and consequential loss or damage, such as foregone profits or losses due to business interruptions. Under no circumstances shall Swiss Life Asset Managers or any of its business partners/service providers be liable for any losses arising as a result of force majeure or because of unforeseeable or temporary circumstances or circumstances for which Swiss Life Asset Managers is not responsible (e.g. because of official or statutory orders, a breakdown of communication networks, power supplies).
By accepting these Terms of Use, Users confirm that the details they have provided are correct and undertake to indemnify Swiss Life Asset Managers if they should have provided false information.
Indemnity and user liability
The User hereby agrees, at his own expense, to indemnify, defend and hold harmless Swiss Life Asset Managers and its officers, directors, employees, successors, assigns, agents, data subjects and representatives, from and against any claim, suit, action or other proceedings brought against a legal entity of the Swiss Life Group or its officers, directors, employees, successors, assigns, agents, data subjects and representatives by a third party or client arising from or relating to:
- the violation of these Terms of Use for using the Client Portal;
- unauthorised use of any information, material and content including but not limited to any intellectual property;
- the use of the Client Portal and the related services/applications;
- any User content posted, published, uploaded distributed or otherwise transmitted by the User;
- a breach of any of User’s representations and warranties;
- the unauthorised use of the Client Portal or any related services/applications or a third-party using the User’s computer, password or account;
- a claim that any use of the Client Portal or any related services/applications by a User or a third party using the User’s computer, password or account infringes any contractual or other proprietary right of any third party, is libelous or defamatory, or otherwise results in injury or damage to any third party; or
- any unauthorised use of the Client Portal or any related services/applications by a User or a third party using the Client Portal or related services/applications by using the User’s computer, password or account.
The User agrees to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs arising out of or relating to any such claim, suit, action or proceeding.
Data protection
Please refer to the Privacy Statement, which can be found at https://www.swisslife-am.com/en/privacy
Security standards
Swiss Life Asset Managers and its business partners/service providers carry out technical security measures in accordance with established standards to protect the data stored. The security of the Client Portal is continually reviewed, updated and improved in order to ensure adequate protection of User data against unauthorised access, manipulation or loss.
However, Swiss Life Asset Managers provides no guarantee against damage or inconvenience directly or indirectly caused by a security incident not detected by Swiss Life Asset Manager’s security systems or, in general, technical malfunction due to the User, the internet, other computer systems or third parties.
Linked websites
The User is hereby advised to exercise caution while following any links present on the Client Portal as the site to which the User may be directed may have terms of use and a privacy notice different from that of the Client Portal. The User hereby acknowledges that while following any links the User shall be leaving the Client Portal and these Terms of Use and related Privacy Statement shall no longer be binding upon the User and Swiss Life Asset Managers.
Swiss Life Asset Managers makes no assurances in connection with other websites that can be accessed via a link on the Client Portal or its own website and over which Swiss Life Asset Managers has no surveillance. The Swiss Life Group does not assume ownership of the contents of third-party websites linked from our Client Portal. It is unable to accept any responsibility for the contents of the linked sites, particularly not for changes to said sites after configuration of the link. Such third-party information is independent of Swiss Life Asset Managers’ own information. Links, hyperlinks and web addresses leading to one or more other websites are for information purposes only and in no way imply that Swiss Life Asset Managers assumes responsibility for the content of such websites or approves of their content or use.
The User shall not, unless with Swiss Life Asset Manager’s express written consent, create or post any links or advertisements anywhere on the Client Portal. Any User found to be posting or creating any links anywhere on the Client Portal shall be fully responsible for the contents of such links and advertisements.
Copyright
The Client Portal web application provided to the User and any accompanying material remains the sole property of Swiss Life Asset Managers and/or its business partners/service providers. The Client Portal contains proprietary names as well as images, information and brand and company names that are protected by copyright. All information contained on the Client Portal is subject to the copyright provisions of your country of domicile and the applicable foreign laws. The applicable laws on the protection of intellectual property expressly prohibit any copying or use, either in full or in part, of such material, which includes the Swiss Life logo.
No information or references contained on the Client Portal may be copied, reproduced, distributed or used in other ways without the explicit written consent of Swiss Life Asset Managers unless Swiss Life Asset Managers has expressly permitted certain use of the images, information or data in question (e.g. download of images). If you would like to apply for approval to copy information contained on this Client Portal that is not freely available for use, please contact Swiss Life Asset Managers at communications@swisslife-am.com.
Termination of use
The use of the Client Portal can be fully terminated by the User at any time. In this case, the access identification will be forfeited.
Swiss Life Asset Managers reserves the right to initiate immediate full termination of the use of the Client Portal in the event of a serious breach of these Terms of Use or any contractual obligations.
Fund glossary - disclaimer
Swiss Life Asset Managers would like to point out that the concepts defined in the fund glossary are context-dependent and may be interpreted differently in different situations. We therefore recommend you have their use in any specific context reviewed. Swiss Life Asset Managers accepts no claims or liability which may arise from the direct or indirect use of a term referred to in this glossary.
Severability clause
Should any provision of the Terms of Use, sales restrictions and legal information be or become invalid, this shall not affect the validity of the remaining provisions.
Applicable law & place of jurisdiction
Access to and use of the Client Portal and any parts thereof, and the terms and conditions of this legal information, are governed by Swiss law. The exclusive place of jurisdiction is Zurich, Switzerland, unless there are regulatory provisions under the local law applicable to the user that take precedence.